Blanton Co.

National Labor Relations Board - Board Decisions

Dec 5, 1939

18 N.L.R.B. 143 (N.L.R.B. 1939)

In the Matter of BLANTON COMPANY and UNITED OLEOMARGARINE
WORKERS LOCAL INDUSTRIAL UNION No. 489
Case No. C-801
AMENDMENT TO DECISION
December 5, 1939
On October 31, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Order in the above-entitled
proceedings.' In its Decision and Order, the Board found, inter alia,
that Elza Smith, an employee alleged to have been refused rein-
statement by the respondent because of his union activities, was not
so discriminated against, and dismissed the complaint with respect
to him. On November 25, 1939, Smith filed "Exceptions, Objections,
and Petition for Modification of the Board's Original Order." Sec-
tion III, B, of the Board's Decision as to Smith read :
Elza Smith was working as a trackman at the time of the
strike and had been employed by the respondent in this capacity
since January 1, 1937. Smith was a member of the union
negotiating committee and active on the picket line. During
the strike, Smith was arrested for assulting Mannebach during
a fracas that occurred outside the plant. The respondent con-
tends that it did not reinstate Smith because of his assault upon
Mannebach.
From all the evidence in this case, we conclude that the re-
spondent's refusal to reinstate Smith was not an unfair labor
practice within the meaning of the Act.
Smith contends that he was never arrested for any cause during
the strike or in connection with his activities on behalf of the Union,
that Mannebach was never assaulted, and that the fracas mentioned
in the findings of the Board never occurred.
We have reexamined the record with respect to Smith. Although
we are not satisfied from the record that Smith was arrested, we are
of the opinion that it affords ample basis for the dismissal of the
complaint with respect to him. We shall amend the decision in
order to clarify our reasons for the dismissal.
16 N. L. R. B. 951.
18 N. L. R. B., No. 28.
143
144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
By virtue of and pursuant to Section 10 (d) of the National
Labor Relations Act, the Board hereby amends its Decision in the
above-entitled case by striking therefrom the above-quoted paragraph
appearing in Section III, B, and substituting therefor the following :
Elza Smith was working as a trackman at the time of the
strike and had been employed by the respondent in this capacity
since January 1, 1937. Smith was a member of the union negoti-
ating committee and active on the picket line. The respondent
contends that it did not reinstate Smith because of his assaults
upon supervisory officials of the respondent.
Mannebach testified at the hearing that upon his departure
from the plant during the strike, Smith assaulted him. Clarence
Powers, a foreman in the. plant, testified that Smith struck him
during a fracas which occurred while he and several other fore-
men were leaving the plant. Floyd C. Cook, sales manager of
the respondent, who was present during the fracas, substantiated
Power's testimony. Although Smith testified at the hearing, he
did not controvert the testimony of Mannebach, Powers, and
Cook. We find that Smith committed the assaults described
above.
From all the evidence in this case, we conclude that the re-
spondent's refusal to reinstate Smith was not an unfair labor
practice within the meaning of the Act.
I